Both sides in the saga of Christchurch’s tumbledown cathedral have claimed victory from a High Court judgement that seems worthy of King Solomon.

But it remains unclear whether the icon will stand or fall.

In his interim judgement of November 15, Justice Lester Chisholm halted deconstruction of the cathedral for a judicial review – delighting the Great Christchurch Buildings Trust, which ideally wants the heritage building restored to former glory.

Diocesan Church Property Trustees, on the other hand, found succour in the judge’s ruling that they don’t have to replicate the original cathedral.

The fine print of the cathedral trust, according to Justice Chisholm, demands only that there be “a Cathedral” on the Square site.

“No term requiring a particular style, for example Gothic, was imposed on the trustee,” the judge noted in his judgement.

“Any suggestion that the purpose of the trust is to preserve the Cathedral indefinitely is inaccurate and unrealistic."

The case – brought by the Great Christchurch Buildings Trust – turned largely on whether CPT over-reached itself in March this year when it decided to lower the cathedral to 2 or 3 metres.

Justice Chisholm acknowledged the complexities facing CPT at the time and concluded that the decision to deconstruct was “incomplete rather than unlawful” because CPT did not formally commit to build another cathedral.

"The timeframe was tight (this is not a criticism of CERA); complex engineering and other issues needed to be assessed; there were many competing considerations; and whatever option was chosen, a large shortfall in the funds required to complete the project seemed to be inevitable,” the judge said.

Diocesan resolutions

After a flurry of meetings in the wake of the judgement, the Diocese has now agreed to leave the damaged cathedral as it is until the court makes a further order.

CPT has also formally resolved to provide a cathedral on the Square site, and has is asked its engineers to review all information provided to the court by the Great Christchurch Buildings Trust.

CERA’s view on maximum retention of the damaged cathedral will be sought, too, along with further advice from engineers and architects on design concepts for a new cathedral.

Meanwhile, the diocesan architects – Warren and Mahoney – are continuing to mull over concepts gleaned from a study tour led by Bishop Victoria Matthews in the middle of the year.

A small group of diocesan staff and architects looked at a diverse selection of cathedrals in the United States and Europe, as groundwork for drawing up a building that would combine old and new.

Insurance limitation

In any courtroom battle, of course, there’s generally a ‘casualty’. And in the High Court case it looked initially to be the transitional cathedral in nearby Latimer Square, following the judge’s comment that none of the cathedral insurance proceeds could be used “off-site.”

Up to $4m of the insurance payout has been earmarked for the “cardboard” cathedral, and the man heading up the fundraising – cathedral development manager Craig Dixon – admits the loss of that money would be a “challenging prospect.”

But he remains unshakeably optimistic. CPT has reaffirmed its commitment to the project, enabling Craig to state with characteristic grin: “The Diocese will find the money somehow.”

Unsurprisingly, the church’s legal advisers are also asking Justice Chisholm to clarify his comments on the cathedral insurance.

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